Truck accident cases are among the more difficult cases to pursue considering the substantial compensation awards. Since these types of accidents often cause serious damages, victims should make sure to inform themselves as much as possible about the elements of a truck accident case.
To familiarize yourself with the difficulties of pursuing a truck accident claim, be sure to review the frequently asked questions regarding truck accident cases in San Antonio. An experienced truck accident attorney could also take the time to answer any specific questions you have. Call today to learn more.
San Antonio and Texas have a modified comparative negligence law. When someone is injured in a truck accident, they cannot recover damages from the trucking company or truck driver if they are found to be 51 percent or more at fault for the accident.
When there is a claim of comparative negligence on the individual driver who is suspected of being at fault for the accident, the jury makes a determination about whether the person was partially at fault for the crash and assesses a percentage of responsibility. There could be a situation where the trucking company or truck driver claims the other driver took faulty evasive action. The truck driver may testify that a vehicle slowed down in front of them, and they made a lane change. There could also be a dispute about whether the truck driver actually came into the driver’s lane. The jury will ultimately have to decide what percentage of responsibility is on truck driver and the individual driver.
One of the things everyone should know about truck accident cases is that the Interstate 35 highway that goes north and south of town is one of the busiest highways in the nation as far as truck traffic. There are many crashes on that particular highway due to the volume of the north-south truck traffic going through the San Antonio area.
There are a lot of oil fields south of San Antonio. Trucks and aggregate trucks are hauling frack sands, creating a high volume of trucks in the area south of town. Quite a few accidents happen there because of the volume of truck traffic.
A frequent cause of truck accidents in San Antonio is a truck driver being inattentive on the roadway who veers out of their lane and sideswipes another vehicle. Another cause of truck accidents is a truck going over the speed limit when they are trying to deliver their load timely and are rushed for time. When there is a crash that involves excessive speed, it is important to get an attorney involved so they can get a download of the black box data that shows the speed of the truck.
Other types of accidents involving trucks include driver fatigue and blind spot accidents where the truck driver does not pay attention and does not use their mirrors or anticipate blind spots. There are many cases where the truck driver is not keeping a proper lookout ahead, and that causes a rear-end collision. In one situation, a truck driver was not paying attention and tried to take evasive action at the last minute when a vehicle turned left in front of it, and the truck ran over the vehicle.
When someone is involved in an accident with a truck driver, it is important to send a preservation of evidence letter as soon as possible to the trucking company and the truck driver. The preservation of evidence letter instructs them that because there was an accident and there may be future litigation, they have a duty to preserve any of the evidence that may pertain to the cause of the crash. The letter also instructs them to preserve all of the photographs taken at the scene, any of the property damage evidence, the driver’s truck logs, maintenance records on the truck and tractor involved in the crash, and any videotape evidence of the incident.
There are many factors that could impact a truck accident case. No matter the cause of an accident, victims looking to be made financially whole again should reach out to a legal professional for help. A lawyer with experience answering the frequently asked questions regarding truck accident cases in San Antonio could take charge of your case to make sure you get the compensation you deserve.